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Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

As detailed in our prior blog, <a href="/Insights/Blogs/Canadian-Government-Finally-Provides-Certainty-on-Criminal-Interest-Rates">Canadian Government (Finally) Provides Certainty on Criminal Interest Rates</a>, the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60 percent, was equivalent to an APR of about 48 percent).

Lower Criminal Interest Rate Now in Effect

Kelsey J. Meyer

Commercial Litigation, Bankruptcy, Insolvency and Restructuring Lawyer at Bennett Jones Calgary

Partner

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

In the unrelated companion cases of Aquino v Bondfield Construction Co, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20694/index.do">2024 SCC 31</a> and Scott v Golden Oaks Enterprises Inc, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20695/index.do">2024 SCC 32</a>, the Supreme Court of Canada applied the common law doctrine of corporate attribution to bankruptcy and insolvency law through a purposive, contextual and pragmatic approach.

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the principle that "every claim is swept into the bankruptcy and that the bankrupt is released from all of them upon being discharged unless the law sets out a clear exclusion or exemption." The Supreme Court’s decision clarifies the differing treatment of administrative penalties and disgorgement orders in the context of exceptions outlined in s. 178 of the Bankruptcy and Insolvency Act.

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In a recent case, Bricklayers Pension Fund of Western Pennsylvania (derivatively on behalf of Centene Corporation) v Brinkley (Centene), Delaware's Court of Chancery dismissed “Caremark duty claims”—named after the 1996 case establishing a duty of oversight required by a U.S. board of directors—against members of Centene's board of directors.
Allegations against the directors focused on the failure to oversee, and deferral to, management. The decision confirms the high threshold applicable to find a breach of a director’s Caremark duty.

Delaware Court Affirms High Threshold for Breach of Directors Caremark Duties

Delaware Court Affirms High Threshold for Breach of Directors' Caremark Duties 

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Jessica Kennedy

Budget 2025 sets out Canada&rsquo;s Climate Competitiveness Strategy, reaffirming goals to attract clean investment, strengthen carbon pricing systems and position the country as an emerging energy superpower. The Strategy details updates to emissions regulations, clean technology tax credits, critical mineral programs and major project approvals, offering new signals for investors and industry.

Canadas Budget 2025 Canadas Climate Competitiveness Strategy

Canada's Budget 2025: Canada's Climate Competitiveness Strategy

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

AI is rapidly integrating into enterprise workflows, yet vendor agreements often lag behind in safeguarding organizational risk. This article highlights the hidden hazards in standard AI terms and conditions, including data usage, IP ownership, liability limits and regulatory compliance gaps and outlines strategies to strengthen contractual oversight.

The Hidden Hazards of Vendor AI Terms and Conditions

"We signed what?!": The Hidden Hazards of Vendor AI Terms and Conditions

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

The federal government has released a second wave of major projects recommended for expedited review by the Major Projects Office, with a focused shift toward critical minerals and energy development. The list includes strategic clean power, LNG, nickel, graphite, tungsten, and hydro initiatives across multiple provinces and territories. While the anticipated Alberta&ndash;BC pipeline was not included, the selected projects underscore Canada&rsquo;s intent to strengthen energy security, support Indigenous-led development, and accelerate investment in key resource sectors.

Second Wave of Fast Tracked Projects Unveiled including Critical Minerals and Energy Projects

Second Wave of Fast-Tracked Projects Unveiled including Critical Minerals and Energy Projects

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

In the context of corporate debt, 'liability management' refers to a company taking steps to manage its existing debt obligations. This often involves a combination of one or more open market repurchases, redemptions/repayments, consent solicitations, tender offers or exchange offers and may involve other transactions. A repurchase of debt from a holder is one of the most straight-forward examples of liability management.

Liability Management in Canada

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Bishoy Attia

Articling Student at Bennett Jones in Toronto

Articling Student

Private investment in the defence sector is accelerating as governments realign policy priorities and expand support for dual-use and DefTech innovation. Canada&rsquo;s 2025 Budget and long-term spending commitments are reshaping the industry, driving new opportunities across AI, cyber, space, advanced manufacturing and critical infrastructure. With global capital flowing into defence technology and structural reforms underway to modernize procurement, the sector is rapidly transitioning from fragmented to fully investable.

Gone Fishing: Subsection 231.2(3) Hooks the Anonymous Tax Evader

From the Same Authors